S v. State Govt. Of NCT Of Delhi And ANR.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1182/2025 S .....Petitioner Through:

Ms.

Nikita Sharma, Advocate DHCLSC.

versus STATE GOVT. OF NCT OF DELHI AND ANR......Respondents Through:

Mr. Nawal Kishor Jha, APP for the State with SI Dheerender Kumar, PS Pandav Nagar, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 19.02.2025 CRL.M.A. 5277/2025 (Exemption) 1.

Exemption allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 1182/2025 3.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.‟) and under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ hereinafter) has been filed on behalf of the Petitioner with a prayer that the learned Trial Court be directed to expedite the trial in SC No. 2138/2016, titled State vs. Sushil Chandra, in FIR No. 844/2015 dated 21.11.2015, Police Station Pandav Nagar, pending before the Court of learned ASJ (FTSC) (RC) East/KKD Courts.

4.

It is submitted that it is an FIR 844/2015 in which the trial has not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:03:29

progressed and it is still at the stage of prosecution evidence. With such inordinate delay, there is every likelihood of material evidence getting lost over a period of time. Therefore, the requisite direction for expeditious trial is sought.

5.

Learned APP for the State has pointed out that a summoning Order got challenged by the accused persons, before this Court in 2018, which got decided only in 2023. The delay consequently essentially is procedural and not on account of delayed trial.

6.

Submissions heard and the record perused.

7.

While it cannot be overlooked that there was a stay to the proceedings by this Court for almost seven years with delayed the trial, but considering that the matter has been taken up for trial since 2023, it is hereby directed to the Trial Court to do an expeditious trial and to ensure that no unwarranted adjournments by either party, are granted.

8.

With these directions, the Petition is disposed of. NEENA BANSAL KRISHNA, J FEBRUARY 19, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 10:03:29